78R7272 DLF-F
By: Griggs H.B. No. 2019
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a state advisory council with authority
to promote research, education, treatment, and support activities
related to persons with traumatic brain injuries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 92.001-92.011, Health and Safety Code,
are designated as Subchapter A of Chapter 92, Health and Safety
Code, and a subchapter heading for Subchapter A is added to read as
follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Chapter 92, Health and Safety Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. TEXAS TRAUMATIC BRAIN INJURY ADVISORY COUNCIL
Sec. 92.051. DEFINITIONS. In this subchapter:
(1) "Traumatic brain injury support group" means a
local, state, or national organization that:
(A) is established to provide support services to
aid persons with a traumatic brain injury and their primary family
caregivers;
(B) encourages research into the cause,
prevention, and treatment of traumatic brain injury and care of
persons with a traumatic brain injury; and
(C) is dedicated to the development of essential
services for persons with a traumatic brain injury and their
primary family caregivers.
(2) "Council" means the Texas Traumatic Brain Injury
Advisory Council.
(3) "Primary family caregiver" means an individual who
is a relative of a person with a traumatic brain injury who has or
has had a major responsibility for the care and supervision of the
person with a traumatic brain injury and who is not a professional
health care provider paid to care for the person with a traumatic
brain injury.
Sec. 92.052. ADVISORY COUNCIL; ASSOCIATED AGENCY. (a) The
Texas Traumatic Brain Injury Advisory Council is an advisory
council within the department.
(b) Notwithstanding Subsection (a), if, as a result of
legislation enacted in the 78th Legislature, Regular Session, 2003,
a state agency other than the department is designated to serve as
the agency with primary responsibility in relation to persons with
physical disabilities, the council is an advisory council within
that state agency and a reference in this chapter to the department
means that agency.
Sec. 92.053. MEMBERSHIP. (a) The council must be composed
in accordance with federal law. Appointments to the council shall
be made without regard to:
(1) the race, color, sex, religion, age, or national
origin of the appointees; or
(2) the disability of the appointees, except as
required by federal law.
(b) The council is composed of 20 members appointed as
follows:
(1) six public consumer members appointed by the
commissioner of health and human services, three of whom must be
individuals related to persons with a traumatic brain injury and
three of whom must be persons with a brain injury;
(2) six professional members appointed by the
commissioner of health and human services, each of whom must have
special training and interest in the care, treatment, or
rehabilitation of persons with a traumatic brain injury, with one
representative each from:
(A) acute hospital trauma units;
(B) the National Institute for Disability
Rehabilitation Research Traumatic Brain Injury Model System in this
state;
(C) acute or post-acute rehabilitation
facilities;
(D) community-based services;
(E) faculties of institutions of higher
education; and
(F) providers in the areas of physical therapy,
occupational therapy, or cognitive rehabilitation; and
(3) eight state agency members, with one
representative from each of the following agencies appointed by the
chief executive officer of the agency:
(A) Texas Department of Health;
(B) Texas Department of Human Services;
(C) Texas Department of Mental Health and Mental
Retardation;
(D) Texas Rehabilitation Commission;
(E) Health and Human Services Commission;
(F) Texas Education Agency;
(G) Texas Planning Council for Developmental
Disabilities; and
(H) Texas Department of Insurance.
(c) One of the six public consumer members appointed under
Subsection (b)(1) must be a member of a statewide traumatic brain
injury support group.
Sec. 92.054. OFFICERS. (a) The members of the council
annually shall elect a presiding officer and an assistant presiding
officer from the council members.
(b) A representative of a state agency may not serve as
presiding officer or assistant presiding officer.
(c) At least one of the officers must be a public consumer
member.
Sec. 92.055. RESTRICTIONS ON MEMBERS. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in this
state designed to assist its members and its industry or profession
in dealing with mutual business or professional problems and in
promoting their common interest. The term does not include a
voluntary health organization.
(b) A person may not be a public consumer member of the
council if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving money from the
council;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving money from the council; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the council, other than compensation
or reimbursement authorized by law for council membership,
attendance, or expenses.
(c) A person may not be a member of the council if the person
is an officer, employee, or paid consultant of a Texas trade
association in a health care field.
(d) A person may not be a member of the council if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the council.
(e) It is a ground for removal from the council that a
member:
(1) does not have at the time of taking office the
qualifications required by Section 92.053(b);
(2) does not maintain during service on the council
the qualifications required by Section 92.053(b);
(3) is ineligible for membership under Subsection (b),
(c), or (d);
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(f) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
Sec. 92.056. TERMS; VACANCY. (a) The public consumer and
professional members of the council are appointed for staggered
six-year terms, with the terms of four members expiring February 1
of each odd-numbered year.
(b) In addition to other methods by which a position may
become vacant, a position on the council becomes vacant if a member
resigns from the council by providing written notice to the
presiding officer of the council.
(c) If a position on the council becomes vacant, the
presiding officer shall provide written notice to the appropriate
appointing official requesting a new appointment to fill the
remainder of the member's term.
(d) If a vacancy occurs, the appropriate appointing
official shall appoint a person, in the same manner as the original
appointment, to serve for the remainder of the unexpired term.
(e) A person who has served one full term on the council is
not eligible for reappointment.
Sec. 92.057. COMPENSATION; EXPENSES. (a) Except as
provided by Subsection (b), a member of the council is not entitled
to compensation for service on the council and is not entitled to
reimbursement for travel expenses.
(b) A member who is a representative of a state agency shall
be reimbursed for travel expenses incurred while conducting council
business from the funds of the agency the person represents in
accordance with the General Appropriations Act.
Sec. 92.058. MEETINGS. The council shall meet at least
once each calendar quarter on meeting dates set by the council and
at the call of the presiding officer.
Sec. 92.059. DUTIES OF THE COUNCIL. The council shall:
(1) inform state leaders of issues and policies as
they relate to meeting the needs of persons with a traumatic brain
injury and their primary family caregivers;
(2) recommend to state leaders policies and programs
that more effectively serve persons with a traumatic brain injury
and their families;
(3) assist the department to explore and promote
innovative approaches to providing services and support to persons
with a traumatic brain injury and their families;
(4) assist the department to promote education,
training, and information about traumatic brain injury issues;
(5) advocate for persons with a traumatic brain injury
and their families;
(6) assist the department to support activities aimed
at reducing preventable brain injuries; and
(7) assist the department to conduct outreach to
obtain public input.
Sec. 92.060. DUTIES OF THE DEPARTMENT. (a) The department
shall:
(1) provide administrative support services to the
council;
(2) accept gifts and grants on behalf of the council
from any public or private entity;
(3) receive, deposit, and disburse gifts and grants
for the council in accordance with this subchapter and provide
other administrative services in support of the council as
requested by and negotiated with the council; and
(4) enter into a memorandum of understanding with the
council that delineates the responsibilities of the department and
the council under this subchapter and amend the memorandum as
necessary to reflect changes in those responsibilities.
(b) The board may adopt rules as necessary to implement the
department's duties under this subchapter and federal
developmental disability laws.
Sec. 92.061. ADDITIONAL COUNCIL DUTIES. The council shall:
(1) make recommendations, at the request of the
governor or legislative leaders, relating to activities
appropriate to the achievement of legislative and executive
functions relating to persons with a traumatic brain injury; and
(2) submit to the governor, legislature, and other
appropriate state and federal authorities periodic reports on the
council's responsibilities and performance.
Sec. 92.062. GIFTS AND GRANTS. (a) The council is
encouraged to seek a gift or grant from any public or private
entity.
(b) The health and human services commission shall deposit
any money received under Subsection (a) to the credit of the Texas
Traumatic Brain Injury Advisory Council account. The Texas
Traumatic Brain Injury Advisory Council account is an account in
the general revenue fund that may be appropriated only for the
purpose of carrying out this subchapter.
Sec. 92.063. ADVISORY COMMITTEE STATUTE INAPPLICABLE.
Chapter 2110, Government Code, does not apply to the council.
SECTION 3. Section 92.001(2), Health and Safety Code, is
amended to read as follows:
(2) "Reportable injury" means an injury or condition
required to be reported under this subchapter [chapter].
SECTION 4. Sections 92.002(b) and (d), Health and Safety
Code, are amended to read as follows:
(b) The board may adopt rules that require other injuries to
be reported under this subchapter [chapter].
(d) The board shall adopt rules necessary to administer this
subchapter [chapter].
SECTION 5. Section 92.003(c), Health and Safety Code, is
amended to read as follows:
(c) The board shall prescribe the form and method of
reporting. The board may require the reports to contain any
information, including the person's name, address, age, sex, race,
occupation, employer, and attending physician, necessary to
achieve the purposes of this subchapter [chapter].
SECTION 6. Sections 92.004(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) The department may enter into contracts or agreements as
necessary to carry out this subchapter [chapter]. The contracts
or agreements may provide for payment by the state for materials,
equipment, and services.
(c) Subject to the confidentiality provisions of this
subchapter [chapter], the department shall evaluate the reports of
injuries to establish the nature and magnitude of the hazards
associated with those injuries, to reduce the occurrence of those
risks, and to establish any trends involved.
(d) The department may make inspections and investigations
as authorized by this subchapter [chapter] and other law.
SECTION 7. Section 92.005, Health and Safety Code, is
amended to read as follows:
Sec. 92.005. ACCESS TO INFORMATION. Subject to the
confidentiality provisions of this subchapter [chapter], the
department may collect, or cause to be collected, medical,
demographic, or epidemiologic information from any medical or
laboratory record or file to help the department in the
epidemiologic investigation of injuries and their causes.
SECTION 8. Section 92.006(b), Health and Safety Code, is
amended to read as follows:
(b) The board shall adopt rules establishing procedures to
ensure that all information and records maintained by the
department under this subchapter [chapter] are kept confidential
and protected from release to unauthorized persons.
SECTION 9. Sections 92.008(a) and (e), Health and Safety
Code, are amended to read as follows:
(a) The board shall appoint a technical advisory committee
to advise the board of injuries other than spinal cord injuries,
traumatic brain injuries, and submersion injuries that should be
required by rule to be reported under this subchapter [chapter].
(e) A member of the technical advisory committee is not
entitled to reimbursement for expenses incurred in performing
duties under this subchapter [chapter].
SECTION 10. Section 92.011, Health and Safety Code, is
amended to read as follows:
Sec. 92.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY
ADVISORY COUNCIL. (a) The department and the Texas Traumatic Brain
Injury Advisory Council established within the department under
Subchapter B shall [enter into a memorandum of understanding to]:
(1) exchange relevant injury data on an ongoing basis
to the extent allowed by Section 92.006;
(2) maintain the confidentiality of injury data
provided to the council by the department in accordance with
Section 92.006;
(3) permit the council to review and comment on the
board's rules under Section 92.002(b) before the rules are
proposed; and
(4) cooperate in conducting investigations of
traumatic brain injuries.
(b) The department and the Texas Traumatic Brain Injury
Advisory Council may enter into a memorandum of understanding to
facilitate cooperation under Subsection (a).
SECTION 11. The changes in law made by this Act do not
affect the entitlement of a member serving on the Texas Traumatic
Brain Injury Advisory Council immediately before the effective date
of this Act to continue to carry out the member's functions for the
remainder of the member's term. As soon as practicable after the
effective date of this Act, the commissioner of health and human
services shall develop a plan to bring the composition of the
council into compliance with Section 92.53, Health and Safety Code,
as added by this Act, as the service of existing members of the
council terminates.
SECTION 12. It is the intention of the legislature that
Subchapter B, Chapter 92, Health and Safety Code, as added by this
Act, be interpreted and applied to reflect any changes made by the
78th Legislature relating to the structure of governmental agencies
providing health and human services and programs in this state. If
the relevant functions or duties of any agency referenced in
Subchapter B, Chapter 92, Health and Safety Code, as added by this
Act, are transferred to another agency by the 78th Legislature, the
reference means the agency to which the relevant functions or
duties were transferred.
SECTION 13. This Act takes effect September 1, 2003.